All Sums, All Policies for Long-Tail Claims

Risk Management

PUBLISHED ON: December 4, 2012

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A recent decision in the California Supreme Court clarifies the full extent to which policyholders facing environmental clean-up costs or other long tail claims can tap into their historic policies to help pay for those costs. California’s highest court recognized that all insurance policies triggered by continuing damage must pay “all sums” of resulting liability. The decision is cause for all policyholders with liability for long-tail claims under California law, such environmental property damage, asbestos injury, toxic tort or construction defect, to reassess their coverage carefully. Even if you previously settled your insurance claim, you should check your settlements to see if coverage may be available now under rules recognized by this decision.